Research On Legal Regulation Of Overtime Work

Overtime has become an epoch-making thorny issue.Some of the current overtime regulations in our country,due to too principled or general,lack of specific provisions,resulting in the practice of different regulations,different enforcement,low enforcement,illegal overtime continued existence of problems frequently appear.The generality,fuzziness,hysteresis and other problems of the current legal norms have become increasingly prominent,and become the key breakthrough to reduce overtime work and reduce the serious consequences caused by overtime work.If the overtime problem is not taken seriously,we will face a lot of important socialization problems caused by it.In order to explore the problems existing in the legal regulation of overtime work in our country,this paper conducts research for this purpose,and tries to perfect the deficiencies in the legal regulation of overtime work in our country.First of all,through defining the relevant concepts of legal regulation of overtime work,analyzing the practical significance of legal regulation of overtime work and the value of legal regulation of overtime work from multiple perspectives,a series of theoretical groundwork is made for the study of legal regulation of overtime work.Secondly,on the basis of theoretical foundation,focusing on the combination of theoretical practice and judicial precedents,the issue of legal regulation of overtime work in China is studied.Due to the hysteresis,generality and vagueness of the law,China’s overtime legal regulation has deficiencies in the identification standards of statutory overtime time,such as the conflict of identification of statutory overtime time,the lack of refinement of the upper limit of overtime time,and the disorder of the identification standards of non-statutory overtime time.As a result,China’s overtime legal regulation exists in the calculation base of overtime wages,on-duty pay,salary package system,part-time overtime employment chaos,resulting in the punishment of illegal overtime is not enough,the supervision is not in place,resulting in the difficulties of overtime workers to prove.Finally,through the serious exploration of the existing problems and in-depth analysis of the legal regulation of overtime in developed countries and regions,seeking and learning from the relevant advanced countermeasures of developed countries and regions,and comprehensively considering the specific national conditions of our country,the author puts forward practical and concrete suggestions for improvement.The first,standard overtime time affirms standard.Unify the legal upper limit of overtime hours,set the quarterly upper limit and the annual upper limit,and define the non-legal upper limit of overtime hours.Second,unified overtime compensation calculation base and identification standards."Defining wages for normal working hours" unified overtime wage calculation base,"work nature,work intensity,time compromise" comprehensive determination of duty pay,"overtime hourly pay is not lower than the minimum wage standard" calculation of salary package system,the use of non-full-time,full-time labor conversion mode.Third,strengthen sanctions against illegal overtime work.Additional administrative penalties,such as revocation of business licenses,will be imposed on employers to increase the cost of illegal practices,and supervision of labor security will be strengthened.Fourth,setting up the burden of proof for overtime work reasonably.Prolong the preservation time of evidence,the use of complete inversion of the burden of proof.Through the comprehensive and in-depth analysis,we try our best to solve the realistic problems of our country’s overtime legal regulation.